SEND Code of Practice

This guidance explains the duties of local authorities, health bodies, schools and colleges to provide for those with special educational needs under part 3 of the Children and Families Act 2014.

The code, which applies to England, is for:

1. -headteachers and principals

2. -governing bodies

3. -school and college staff

4. -special educational needs (SEN) co-ordinators

5. -early years providers

6. -other education settings

7. -local authorities

8. -health and social services staff

This Code of Practice provides statutory guidance on duties, policies and procedures relating to Part 3 of the Children and Families Act 2014 and associated regulations and applies to England. It relates to children and young people with special educational needs (SEN) and disabled children and young people. A ‘young person’ in this context is a person over compulsory school age and under 25. Compulsory school age ends on the last Friday of June in the academic year in which they become 16. For ease of reference, young people are referred to in this Code of Practice as ‘over 16’.

In this Code of Practice, where the text uses the word ‘must’ it refers to a statutory requirement under primary legislation, regulations or case law.

The bodies listed above must have regard to the Code of Practice. This means that whenever they are taking decisions they must give consideration to what the Code says. They cannot ignore it.

They must fulfil their statutory duties towards children and young people with SEN or disabilities in the light of the guidance set out in it. They must be able to demonstrate in their arrangements for children and young people with SEN or disabilities that they are fulfilling their statutory duty to have regard to the Code. So, where the guidance uses the word ‘should’ it means that the guidance contained in this Code must be considered and that those who must have regard to it will be expected to explain any departure from it.